Chapter 478-140 WAC

The Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Sec. 1232g, provides for the right of a student to inspect their education records, and guidelines concerning the release of those records to third parties. The act further provides that such a student may request a hearing in order to correct or delete inaccurate, misleading or otherwise inappropriate data, and that currently registered students be informed annually of their rights under the act. Any student who alleges a failure by the university to comply with the act has the right to file a complaint with the U.S. Department of Education.

The annual notice of the university's FERPA policy is presented to a student each time the student registers online, and is available on the university's FERPA website.

(1) "Directory information" means a student's name, address, email address, telephone number(s), major and minor fields(s) of study (including pre-major or undeclared), class, enrollment status (e.g., graduate, undergraduate, professional, post-baccalaureate, or nonmatriculated student, full or part-time), participation in officially recognized activities and sports, weight and height if the student is a member of an intercollegiate athletic team, dates of attendance, degrees, honors, and awards received, and the most recent previous educational agency or institution attended by the student.

(2) "Legitimate educational interest" means an individual has a need to access the education record to perform their official duties; not to satisfy curiosity or other non-job-related interests.

(3) "School official" means faculty instructors, staff, student employees, volunteers, third-party contractors, and any individual within the agency or institution whom the agency or institution has determined to have legitimate educational interests in accessing education records.

(4) "Student" means, for the purposes of these rules, any person who is or has been in attendance at the University of Washington for at least one day of an academic program or work-study position, and with respect to whom the university maintains education records. A person who has applied to a unit of the university (e.g., college, department, graduate, or professional program) is not considered to be a student of that unit, even if the person has been attending another unit of the university, if the person never attended the unit applied to, and/or the person's application is denied.

(1) A request by a student to inspect and review their education record should be made in writing to the university official(s) or office(s) having custody of the particular records. Responses to requests will comply with FERPA and the limitations on access.

(2) Individual(s) or office(s) must respond to a request for education records, or explanations or interpretations of those records, within a reasonable period of time, but in no case more than 45 days after the request has been made.

(1) After reviewing their records, a student may ask the university to amend the records if the student believes information contained in the records is inaccurate or misleading. In such cases, the student should contact the appropriate unit responsible for custody of the record. The responsible party must inform the student of the party's decision within a reasonable period of time.

(2) If the responsible party grants the student's request, the university shall amend the educational records and inform the student in writing of the action taken.

(1) If the party receiving a request to amend an education record denies the student's request, the party must, within a reasonable period of time, inform the student of the decision and the student's right to a hearing before the university student records committee. The student must request in writing to the office of the university registrar a hearing within 90 days of the date of the denial of the student's request by the custodian of the record.

(2) The committee shall hold a hearing within a reasonable period of time after the student files a request for a hearing. The student must receive notice of the hearing's date, time, and place reasonably in advance of the hearing. The committee shall give the student a full and fair opportunity to present evidence relevant to the contested part of the education record. The student may, at their own expense, be assisted or represented by one or more individuals, including an attorney. The student records committee will render its decision in writing within a reasonable period of time following the hearing. The decision must be based on the records relevant to the matter and on any evidence presented to the committee. The decision must include a brief summary of the evidence and statement of the reasons supporting the decision. The decision of the student records committee shall be the university's final decision.

(a) If the university student records committee grants the student's appeal, the university shall amend the education records of the student accordingly and shall inform the student in writing of the action taken.

(b) If the university student records committee denies the student's appeal, the student shall be given the right to place in the education record a statement commenting upon the information in the education record and/or setting forth any reasons for disagreeing with the decision of the university student records committee. The university must maintain the statement with the contested part of the record for as long as the record is maintained, and must disclose the statement whenever it discloses the portion of the record to which the statement relates.

(c) The student records committee shall not review any matter regarding the appropriateness of official academic grades.

Students may file complaints with the U.S. Department of Education concerning alleged failures by the university to comply with the requirements of the Family Educational Rights and Privacy Act or its implementing regulations. The office's address is: Student Privacy Policy Office, U.S. Department of Education, 400 Maryland Avenue S.W., Washington, DC 20202.